between akal security, incorporated and the ......government, or revocation of required cso...

37
Collective Agreement Between AKAL SECURITY, INCORPORATED and the NORTH DAKOTA COURT SECURITY OFFICERS' ASSOCIATION

Upload: others

Post on 05-Sep-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

Collective ~argaining Agreement

Between

AKAL SECURITY, INCORPORATED

and the

NORTH DAKOTA COURT SECURITY OFFICERS' ASSOCIATION

Page 2: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

PREAMBLE

THIS AGREEMENT is made and entered into by and between AKAL SECURITY, INCORPORATED, a New Mexico corporation, hereinafter refen-ed to as the "Employer" or "Company," and the North Dakota Court Security Officers' Association, hereinafter referred to as the "Association".

CBA- Akal Security and ND CSOs Association (2006-2009) 2

Page 3: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

ARTICLE 1

GENERAL PROVISIONS

SECTION 1.1 BARGAINING UNIT

A. This agreement is entered between Akal Security, Inc., and the Government COUli

Security Officers Independent Local (hereinafter referred to as the Association). The Company recognizes the Association as the sole and exclusive bargaining representative for the purpose of collective bargaining as defined in the National Labor Relations Act.

B. The unit is defined as all full-time and shared position Federal Court Security Officers (CSOs), and Lead Federal Court Security Officers (LCSOs) employed by the Company in the 8th Circuit consisting of the North Dakota Court Security Officers' Association, in the District of North Dakota, the State of North Dakota, excluding all other employees including office clerical employees and professional employees as defined in the National Labor Relations Act.

C. This agreement shall be binding upon both parties, their successors and assigns. In the event of a sale or transfer of the business of the employer, or any part thereof, the purchaser or transferee shall be bound by this agreement.

SECTION 1.2 NEGOTIATING COMMITTEE

The Company agrees to recognize a Negotiating Committee composed of up to two members and one alternate selected by the Association to represent the Employees in collective bargaining negotiations.

SECTION 1.3 MANAGERS AND SALARIED PERSONNEL

Managerial and salaried Employees shall not perform the duties of the Employees 10 the bargaining unit, except in an emergency.

SECTION 1.4 INTENT OF PARTIES

The Association and the Company agree to work sincerely and wholeheartedly to the end that the provisions of this Agreement will be applied and interpreted fairly, conscientiously, and in the best interest of efficient security operations. The Association and the Company will put forth their best efforts to cause the Bargaining Unit Employees, individually and collectively, to perfonn and render loyal and etllcient work and services on behalf of the Company, and that neither their representatives nor their members will intimidate, coerce, or discriminate in any manner against any person in its employ by reason of hislher membership and activity or non­membership or non-activity in the Association.

CBA- Akal Security and NO CSOs Association (2006-2009)

Page 4: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

SECTION 1.5 ANTI-DISCRIMINATION

Neither the Company nor the Association will discriminate against any Employee because of race, color, religion, sex, age, national origin, Vietnam Era Veterans status, disability or other protected reason. The Company and the Association recognize that the objective of providing equal employment opportunities for all people is consistent with Company and Association philosophy, and the parties agree to work sincerely and wholeheartedly toward the accomplishment of this objective.

ARTICLE 2

ASSOCIATION SENIORITY

SECTION 2.1 ASSOCIATION SENIORITY DEFINED

Association seniority shall be based on each employee's service credit date under the federal Service Contract Act. Association seniority shall not accrue until the Employee has successfully completed the probationary period. Association seniority shall be applicable in determining the order of layoff and recall, shift bidding, vacation schedules, extra work, transfers, and other matters as provided for in this Agreement.

SECTION 2.2 SENIORITY LISTS AND CONFLICTS

The Company shall maintain a seniority list based on Section 2.1. In the event that two or more employees have the same seniority date, seniority conflicts shall be resolved by a game of chance to be conducted on an as-needed basis.

SECTION 2.3 PERSONAL DATA

Employees shaH notify the Employer in writing, on the company provided form, of their proper mailing address and telephone number or of any change of name, address, or telephone number. The Company shall be entitled to rely upon the last known address in the Employer's official records.

SECTION 2.4 PROBATIONARY EMPLOYEES

Probationary Employees will be considered probationary for a ninety (90) calendar day period after their hire date. The Association will still represent Probationary Employees for problems concerning wages, hours and working conditions, but the Company reserves the right to decide questions relating to transfers, suspensions, discipline, layoffs, or discharge of Probationary Employees without recourse to the grievance procedure contained in this Agreement. Probationary Employees do not have seniority until the completion of the probationary period, at which time seniority dates back to the date of hire. The Probationary period can be extended by mutual agreement between the Company and the Association.

CBA- Akal Security and ND esos Association (2006-2009) 4

Page 5: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

SECTION 2.5 TERMINATION OF SENIORITY

The seniority of an Employee shaII be terminated for any of the following reasons: A. the Employee quits or retires; B. the Employee is discharged; C. a settlement with the Employee has been made for total disability, or for any other

reason if the settlement waives further employment rights with the Employer; D. the Employee is laid off for a continuous period of one hundred eighty (180) calendar

days; E. the U.S. Government revokes the Employee's credentials as a CSO; F. the Employee is permanently transferred out of the bargaining unit.

ARTICLE 3

JOB OPPORTUNITIES

SECTION 3.1 FILLING VACANCIES

If a vacancy occurs in a regular position covered by this Agreement or a new position is added, and the company chooses to fill the position, the job will be posted for a period of three (3) working days (excluding Saturdays, Sundays and holidays) within the worksite. All Shared position Employees who have notified in the Site Supervisor, in writing of their intent to apply for a Full-Time position and who are not scheduled to work during that three (3) day period at the site where an opening occurs, and any Employees on vacation or on other approved leave will be notified by the Association. When a vacancy occurs, the Employer will fill the position with the most senior Employee who has applied for the position in writing, and who has been trained (if required) to fill any necessary special qualifications for the new position. No more than two (2) shifts will be filled under this procedure as a result of that vacancy.

SECTION 3.2 SHARED POSITION EMPLOYEES

The Company is obligated to under its contract with the USMS, to fill a designated number of shared positions in order to provide full staffing level coverage, increase security levels as needed and avoid unnecessary overtime. A shared position Employee may be scheduled to work more than a part time schedule, as necessary, at the Company's discretion. The Company will give the shared position Employee the maximum possible notice for schedule changes. Failure to report to work when so scheduled or called to work may result in disciplinary action.

SECTION 3.3 LAYOFF AND RECALL

In the event of layoff or recall, when full-time or shared pOSItIOns are being reduced, probationary Employees will be laid off first. Should it be necessary to further reduce the work force, Employees will be retained on the basis of seniority within the Local. The Company will notify the Association in writing, of required reduction. The Association will respond, in writing, within three (3) business days (excluding Saturday, Sunday & Holidays) with the name or names

CBA- Akal Security and ND CSOs Association (2006-2009) 5

Page 6: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

of the least senior employee or employees. Recall of Employees will be accomplished by recalling the last laid off Employee first, and so on.

SECTION 3.4 TEMPORARY ASSIGNMENTS

In the interest of maintaining continuous operations, the Employer may temporarily assign an Employee to a vacant or new position until the job is filled in accordance with Articles 2 and 3, or assign an Employee to a position that is part of a temporary security assignment directed by the USMS, including temporarily assigning an Employee to a work site within or outside of the area defined by this Agreement. To the extent feasible, the assignment shall be a voluntary selection based on seniority and qualification. In the absence of volunteers, assignments shall be made on a reverse seniority and qualifications basis. Employees so assigned will receive the higher of the base hourly wage available to Employees regularly assigned to the site to which they are being transferred, or their hourly wage they receive at their regular site under this agreement which ever is greater.

SECTION 3.5 APPOINTMENT OF LEAD CSOs

The U.S. Government, in its contract with the Company creates specific guidelines for the job duties and qualifications of Lead CSOs. Based on these guidelines, all appointments of Lead CSOs will be made on the basis of suitability as evaluated by the Company. Suitability shall include an Employee's skills, experience, past performance, capabilities, and the needs of the operation. If, in the Employer's determination, Employees are equally qualified, seniority will prevail. Lead CSOs will not perform supervisory duties as described by the National Labor Relations Act.

ARTICLE 4

MANAGEMENT'S RETAINED RIGHTS

SECTION 4.1

Management of the business and direction of the security force are exclusively the right of management. These rights include the right to:

A. Hire; B. Schedule and Assign work; C. Promote, Demote; D. Discharge, discipline, or suspend based on Article 6; E. Require Employees to observe reasonable Employer rules and regulations; F. Determine when overtime shall be worked; G. Determine the qualifications of an Employee to pelform work.

CBA- Akal Security and ND esOs Association (2006-2009) 6

Page 7: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

SECTION 4.2

Management shall not implement any changes to subjects covered in the mandatory bargaining list as provided for in the NLRA section 8(d)

SECTION 4.3

Any of the rights, power or authority the Company had prior to the signing of this Agreement are retained by the Company, except those specifically abridged or modified by this Agreement and any supplemental Agreements that may hereafter be made. The Company's failure to exercise any function reserved to it shall not be deemed a waiver of any such rights.

ARTICLES

GRIEVANCE PROCEDURE

SECTION 5.1 INTENT

For purposes of this Agreement, a grievance shall mean a claimed violation, misinterpretation, or misapplication of any provision of this Agreement, or the challenge of any disciplinary action taken against a Association Employee, except that this grievance procedure shall not be used for

. any action or order of removal of an Employee from working under the contract by the U.S. Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3 of the Contract between the US Marshals Service, and Akal Security, Any temporary or permanent removal of an employee, by determination of the Government as described in Section H-3(b) of the Contract shall not become permanent without requisite notice to the employee and the opportunity provided for the employee to respond to the Government's action within fifteen (15) days of the determination. Upon written

-__ . request, the Company will provide the Association, in a timely manner, with all information concerning the removal that they may legally release, and will provide the Association with any relevant information concerning the proper Government point of contact and their contact data. The "final decision" on the employee's removal shall be determined by the Government.

SECTION 5.2 GENERAL PROVISIONS

A. The number of days outlined in Section 5.3 in the processing and presentation of grievances shall establish the maximum time allowed for the presentation and processing of a grievance. The term "days" shall not include Saturdays, Sundays or holidays when used in this Article.

B. Should either the Company, the Association, or the aggrieved employee fail to comply with the time limits as set forth in this Article, the party who failed to comply with the time limits. shall forfeit the grievance.

CBA- Akal Security and NO CSOs Association (2006-2009) 7

Page 8: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

SECTION S3 GRIEVANCE PROCEDURE

All grievances shall be presented and processed in accordance with the following procedures:

A. Informal Step - The parties shall make their best efforts to resolve any dispute on an informal basis. Both the Company and the Association agree that the Employee will first discuss the complaint with their immediate supervisor (not in the bargaining unit), within eight (8) working days of the incident being grieved, to start the infonnal procedure. If the informal procedure is not invoked within eight working days of Employee's knowledge of a grievable issue, then it is agreed by both parties that no further action can be taken. If, during the course of this discussion either the Employee or the supervisor deems it desirable, a steward or other Union representative will be called in.

B. Step One - If the matter is not resolved informally, the Employee shall, not later than ten (10) days after the informal discussion with the immediate supervisor, set forth the facts in writing, specifYing the Article and paragraph allegedly violated. This shall be signed by the aggrieved Employee and the association representative, and shall be submitted to the Contract Manager or designee with a copy to the Company's HR Director. The Contract Manager or designee shall have ten (l0) days from the date the grievance was presented to return a decision in writing with a copy to the aggrieved Employee and the association representative.

C. Step Two - If the grievance is not settled in Step One, the grievance may be appealed in writing to the Company's Director of Human Resources or designee not later than ten (10) days from the denial by the Contract Manager or designee. The Director of Human Resources or designee will have ten (10) days from the date the grievance was presented to return a decision, in writing, with a copy to the aggrieved Employee and the association representative.

D. Grievance for Discipline - Any grievance involving discharge or other discipline may be commenced at Step One of this procedure. The written grievance shall be presented to the Contract Manager through the Site Supervisor or designee within eighteen (18) days after the occurrence of the facts giving rise to the Grievance.

SECTION 5.4 ARBITRATION PROCEDURE

Grievances processed in accordance with the requirements of Section 5.3 that remain unsettled may be processed to arbitration by the Association, giving the Company's Director of Human Resources written notice of its desire to proceed to arbitration not later than fifteen (15) days after r~iection of the grievance in Step Two. Grievances which have been processed in accordance with the requirements of Section 5.3 which remain unsettled shall be processed in accordance with the following procedures and limitations:

A. Selection of an Arbitrator - Within fifteen (15) days of receipt of the Association's written notice to proceed with arbitration, the Company and the Association will meet

CBA- Akal Security and ND CSOs Association (2006-2009) 8

1 I

Page 9: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

telephonically to jointly attempt to agree upon the selection of a neutral arbitrator. If, within fifteen (15) days, the parties fail to agree upon the selection of an arbitrator, the Association will request the American Arbitration Association (AAA) to supply a list of seven (7) arbitrators. An arbitrator will be selected from the list supplied by the AAA by parties alternately striking from the list until one (1) name remains, and this individual shall be the arbitrator to hear the grievance.

B. Decision of the Arbitrator - The arbitrator shall commence the hearing at the earliest possible date. The decision of the arbitrator shall be final and binding upon the parties to the Agreement. Any decision shall be complied with, without undue delay after the decision is rendered. It is understood and agreed between the parties that the arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement. If the decision of the Arbitrator is not complied with within fifteen (15) days of the decision, the losing side shall be liable for attorney and court costs to enforce compliance including through the courts, absent an order from the U.S. Marshals Service or unless the Company files a written request for clarification, then the Company will comply within fifteen (15) days of receiving the clarification

C. Arbitration Expense - The arbitrator's fees and expenses, including the cost of any hearing room, shall be shared equally between the Company and the Association. Each party to the arbitration will be responsible for its own expenses and compensation incurred bringing any of its witnesses or other participants to the arbitration. Any other expenses, including transcript costs, shall be borne by the party incurring such expenses.

D. Time Limits - The decision of the arbitrator shall be rendered as soon as possible after the dispute has been submitted to himlher.

SECTION 5.5 CLASS ACTION

The Association shall have the right to file a group grievance (class action) or grievance involving more than one (1) Employee at the Informal Step of the grievance procedure.

SECTION 5.6 INDIVIDUAL GRIEVANCES

No individual may move a grievance to arbitration.

ARTICLE 6

DISCIPLINE

SECTION 6.1 GROUNDS FOR DISCIPLINE AND DISMISSAL

After completion of the probationary period, as specified in Section 2.5, no Employee shall be dismissed or suspended without just cause. Just cause shall include any action or order of removal of an employee from working under the contract by the U.S.

CBA- Akal Security and NO CSOs Association (2006-2009) 9

I i ! I

I I j

I I ! I !

Page 10: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

Government, or revocation of required CSO credentials by the USMS under the Removal of Contractor Employee provision in Section H-3 of the Contract between the U.S. Marshals Service and Akal Security, Inc.

Any temporary or pennanent removal of an employee by determination of the Government as described in Section H-3 of the Contract shall not become permanent without requisite notice to the and the opportunity provided for the employee to respond to the Government's action within fifteen (15) days of the determination. Upon written request, the Company will provide the Association, in a timely manner, with all infonnation concerning the removal that they may legally release, and will provide the Association with any relevant information concerning the proper Government point of contact and their contact data. The "final decision" on the employee's removal shall be determined by the Government, and the Employer shall be held harmless by the Association and the employee for any further claims made after this final determination. This provision is not intended to limit or prohibit the rights of any party to seek relief from other parties.

The Company's contract with the U.S. Government sets out perfonnance standards for the CSOs in Section C of the Contract between the Company and the USMS, and all Employees are required to comply with these standards. Failure to do so may lead to disciplinary action. These performance standards, the USMS Deadly Force Standards and the US Title 18 Domestic Abuse and Violence policy will be issued to each Employee and must be signed, acknowledging receipt, by the Employee and may be updated by the Company each year. Employees agree to comply with any non­disciplinary directive issued by the Government.

The Company may discipline Employees when necessary and discharge those who fail to uphold U.S. Government or Company standards as described in above. It is recognized by parties to this Agreement that progressive discipline generally shall be applied in dealing with Employees. However, it is also recognized that offenses may occur for which progressive discipline is not applicable (e.g. fraud, gross misconduct, theft, etc.). Disciplinary measures vary depending on the seriousness of the matter and the past record of the Employee. All discipline shall be subject to the grievance and arbitration procedures, except for those issues involving the USMS rights under Section H-3 of the Contract as referenced in Sections 5.1 and 6.1. The Employee may request, in writing, to the Site Supervisor, that any disciplinary action not resulting in suspension may be considered for removal from the Employee's file after 2 months, provided that no violations of the same type have occurred and that no more than one violation of any type has occurred.

CBA- Akal Security and ND CSOs Association (2006-2009) 10

Page 11: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

ARTICLE 7

HOURS OF WORK AND OVERTIME

SECTION 7.1 WORKDAY AND WORKWEEK

For the purposes of this Article, a regular workweek offorty (40) hours of work, excluding lunch periods, shall constitute a nonnal full-time workweek for full-time Employees. Shifts shall be scheduled at the discretion of the Employer to fulfill the needs of the U.S. Government. Per the National Labor Relations Act, changes in shifts must be negotiated with the Association prior to implementation of any such changes. Nothing contained herein shall guarantee to any Employee any number of hours of work per day or week.

SECTION 7.2 OVERTIME

An overtime rate of time and one-half (1 112) of an Employee's base rate of pay (exclusive of health and welfare and other fringe additions to pay) shall be paid for all hours actually worked in excess offorty (40) hours in a work week.

SECTION 7.3 OVERTIME REQUIREMENT

If directed to work overtime or extra hours, and the seniority system is not invoked due to shortness of notice to the Company, the Employee shall be required to do the work, unless the Employee is excused by the Company for good cause.

SECTION 7.4 OVERTIME DISTRIBUTION

A. Overtime will be distributed as equitably and fairly as is practical among all Employees.

B. Exclusion: Managers cannot be assigned to cover CSO overtime positions or posts, except in emergency situations.

SECTION 7.5 REST PERIODS

There shall be two (2) fifteen (15) minute paid rest periods and one (1) thirty (30) minute unpaid lunch period for each eight (8) hour shift. These rest periods require that the Employee be properly relieved before leaving their post. One rest period shall be in the first half of the shift and the second rest period shall be in the last half of the shift. On occasion, due to exceptional work requirements, Employees may have to work through their unpaid lunch breaks and/or paid rest periods, and, if so, they will be compensated at the appropriate rate of pay. The Company recognizes the requirement to make its best effOlts to provide regularly scheduled breaks. It is not the intent of the Company to avoid this requirement.

CBA- Akal Security and ND CSOs Association (2006-2009) 1 [

Page 12: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

ARTICLE 8

WORK SHIFTS AND PAYMENT POLICIES

SECTION 8.1 WAGE SCHEDULE

The base rate of pay for Court Security Officers and Lead CSOs in all locations are described in Appendix A of this Agreement.

SECTION 8.2 PA YDA Y

Payday for all hourly Employees will be after 11 a.m. on Friday following the two (2) week pay period ending on Saturday, subject to change by mutual agreement.

SECTION 8.3 UNDISPUTED ERROR

In case of an undisputed error on the part of the company as to an Employee's rate of pay, proper adjustment will be made in the next paycheck after the error has been brought in written fonn to the Company's attention. Any error, involving eight (8) hours of payor more, will be corrected and paid within three (3) working days.

SECTION 8.4 LEAD CSO RATES

If additional Lead CSOs are added to the contract any time after this Agreement goes into effect, they will be paid the LCSO wage. In the case where there are multiple LCSO wages, the additional LCSO will be paid at the lowest LCSO wage for the site or location where they are assigned.

ARTICLE 9

HOLIDAYS

SECTION 9.1 HOLIDAYS DEFINED

Whenever the term "holiday" is used, it shall mean:

See Appendix "A " for the list of holidays.

SECTION 9.2 MISCELLANEOUS HOLIDAY PROVISIONS

A. A full-time position Employee who is not required to work on a holiday shall be paid eight (8) hours straight time, exclusive of any shift premium for that holiday.

B. AIJ.y full-time position Employee who works as scheduled on a holiday shall receive the Employee's appropriate rate of pay for aU hours worked, and in addition, shall

CBA- Akal Security and ND CSOs Association (2006-2009) 12

Page 13: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

receive eight (8) hours holiday pay at the straight time rate as described in Section 9.2a above.

C. A shared position Employee who does not work on a holiday shall receive prorated holiday pay based on the number of actual hours the Employee is eligible for pay during the two (2) week pay period in which the holiday occurs. A shared position Employee shall be granted a minimum of four (4) hours pay per holiday. Shared position holiday prorating shall be based upon total non-holiday work days in the pay period.

D. Any shared position Employee who works as scheduled on a holiday shall receive the Employee's appropriate rate of pay for all hours worked, and in addition shall receive prorated holiday pay as described above in section 9.2c.

E. In the event that the Holiday falls on a weekend, the term "holiday" will refer to the day that the U.S. Government designates as the Holiday.

ARTICLE 10

VACATIONS

SECTION 10.1 ELIGIBLE FULL-TIME EMPLOYEES

Full-time Employees shall be entitled to annual vacation based on their continuous years of service with the Employer (based on the Employee's anniversary date of employment) at their individual hourly rate of pay at the time payment is made in accordance with the following schedule:

See Appendix "A" for vacation schedule.

SECTION 10.2 ELIGIBLE SHARED POSITION EMPLOYEES

A. Eligible shared position Employees shall be entitled to pro-rated vacation per the schedule contained in Section 10.1> based on their individual hourly rate, the number of hours paid in the previous year, and the Employee's anniversary date. A minimum of one-half the full-time benefit is guaranteed for Employees who have been paid for at least 1040 hours in the previous year.

B. Any Employee who works a full anniversary year, in part as a full-time position Employee and in part as a shared position Employee, shall receive prorated vacation benefits for that year as calculated in SECTION 10.2, part A (per the service Contract Act) ..

CBA- Akal Security and ND CSOs Association (2006-2009) J3

Page 14: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

SECTION 10.3 SCHEDULING VACATIONS

Vacations, insofar as reasonably possible, shall be granted at the times most desired by the Employee, after the Employee's anniversary date.

SECTION 10.4 UNUSED VACATION

Vacations shall not be cumulative from one year to the next. Any earned but unused vacation time remaining at the end of a year of service (based on Employee's anniversary date of employment) shall be paid to the Employee.

SECTION 10.5 TERMINATING EMPLOYEES

Upon termination of employment, Employees will be paid at their individual hourly rate vacation time earned as of their last anniversary date, but not used, as entitled by the Service Contract Act. (Example: An Employee who terminates one month into the next anniversary year is entitled to any of the previous year's earned accrued vacation not already used, but not entitled to the additional month of vacation accrued in the new anniversary period).

SECTION 10.6 VACATION - LAID OFF EMPLOYEES

Length of service with the Employer shall accrue for the purposes of vacation benefits while an Employee is on laid-off status for up to one (1) year. Employees will only be paid vacation when they are working.

SECTION 10.7 VACATION INCREMENTS

Consistent with Employer approval, efficiency, and economy of operations, Employees may take their vacation in segments of less than one (1) week each, but not less than eight (8) hour increments.

ARTICLE 11

LEA YES OF ABSENCE

SECTION 1l.1 LIMITATIONS

Personal leaves of absence for non-medical emergencies may be granted at the sole discretion of the Employer without loss of seniority to the Employee. Such leaves, if granted, are not to exceed 30 days, unless a special extension is approved by the Employer. Length of service with the Employer shall not accrue for purposes of vacation, holiday, or other accrued benefits for any unpaid leave of absence over thirty (30) days. The Employer will make every reasonable effort to maintain an Employee's position while on a non-statutory unpaid leave of absence. It is acknowledged by the Association that under USMS CSO contract, the Employer is not permitted to hire additional (reserve) or temporary Employees to provide work coverage during Employee absences. Unpaid leaves of absence may be taken only with written approval of the Employer or

CBA- Akal Security and NO CSOs Association (2006-2009) 14

Page 15: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

in a case of verified personal emergency. Failure to report for scheduled shifts without Employer permission will lead to disciplinary action.

Any Employee in an unpaid status at the time a holiday occurs shall not be entitled to any holiday pay. Note "unpaid status" does not include regular scheduled days off, vacation or personal leave.

SECTION 11.2 MEDICAL LEAVE

A. The Family and Medical Leave Act of 1993 (FMLA) is incorporated herein.

B. During medical leave, the Employee shall be required to furnish a report from the doctor when requested by the Employer. Upon the expiration of said leave, the Employee shall furnish the Employer with a statement, signed by the doctor, which establishes the fitness of the Employee to return to the Employee's previously held work. Any Employee who is not able to return to work with a medical clearance from a licensed physician at the end of a maximum medical leave shall be terminated from Employment.

C. If the Employee files for medical leave on false pretext or works for another employer without pre-authorization from the company, the Employee will be removed from the CSO program and from employment with Employer.

SECTION 11.3 MILITARY LEAVE

An Employee of the Company who is activated or drafted into any branch of the armed forces of the United States under the provisions of the Selective Service Act or the Reserve Forces Act shall be granted an unpaid military leave of absence, as required under the federal law, for the time spent in full-time active duty. The period of such leave shall be determined in accordance with applicable federal laws in effect at the time of such leave.

SECTION 11.4 PERSONAL/SICK LEAVE

See Appendix "A "for personal sick leave terms and conditions.

SECTION ll.S PROCESSING UNPAID LEAVES OF ABSENCE

The Employer will consider requests for unpaid leaves of absence and may grant them at its sole discretion. An unpaid leave of absence must be processed in the following manner:

A. All requests for unpaid leaves of absence shall be submitted in writing to the Lead CSO, Site Supervisor or Contract Manager at least ten (l0) calendar days prior to the date the leave will take effect. except in cases of verified personal emergencies, and include: I . The reasons for such leave; 2. The effective dates of such leave;

CBA- Akal Security and ND CSOs Association (2006-2009) 15

Page 16: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

3. The estimated date of return to work.

B. The Company will respond to the request within five (5) working days.

C. The written request for leave of absence shall be submitted to the Contract Manager by the Site Supervisor for final approval. If the request for the leave of absence is approved by the Contract Manager, a copy of the approved leave of absence will be given to the Employee involved.

D. Extensions of the leave of absence may be granted at the sale discretion of the Employer, upon written request by the Employee within ten (10) calendar days prior to the expiration of the leave of absence. Extensions, when granted, shall not total more than thirty (30) days.

SECTION 11.6 GENERAL PROVISIONS

Seniority shall accumulate during the period of any approved leave of absence subject to the provisions of this Agreement.

SECTION 11.7 JURy DUTY

See AppendiX "A" jar jury terms and conditions.

SECTION 11.8 BEREAVEMENT LEAVE

See Appendix "A" for bereavement terms and conditions.

ARTICLE 12

HEALTH, WELFARE AND UNIFORM ALLOWANCES

SECTION 12.1 PAYMENTS

For the life of this Agreement, the Employer will make health and welfare payments in cash to Employees on all hours paid up to forty (40) hours per week, and up to a total of2080 hours per contract year, as described in Appendix A.

SECTION 12.2 OTHER BENEFITS

The Employer will offer Employees the opportunity to participate in other available Employee paid fringe benefit programs made available to all Court Security Officers employed by the Company. These programs may include cafeteria plans, payroll deduction plans, retirement plans, insurance plans, 401(k) plans, and any other plan mentioned in this Agreement.

CBA- Akal Security and NO CSOs Association (2006-2009) 16

Page 17: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

SECTION 12.3 UNIFORM MAINTENANCE

The Employer will pay the Employee an allowance for each hour worked, up to 40 hours per week, for uniform maintenance as described in Appendix A. The Employer will provide shoes to all CSO's. Should the Company provided shoes wear out from normal wear and tear, they will be replaced. The Employer will provide all foul weather gear for each employee as is authorized and funded by the USMS. The Company shall make its best effort to issue uniforms by December 31 5

\ and uniforms shall be gender proper.

ARTICLE 13

MISCELLANEOUS PROVISIONS

SECTION 13.1 PHYSICAL EXAMINATIONS

A. The Employer shall pay for any physical/medical examinations and additional testing that is required by the Employer andlor the U.S. Government. The Employer has the right to choose the physician who will perform the physical exam and pre-approve any expenses.

B. Employees must pass the physical exam prescribed by the Employer's contract with the U.S. Government in order to be employed and to maintain employment.

C. The Employer will pay for the time required for the employee to take required physical exams. Time for any exams requiring more than two (2) hours must be pre­approved by the Site Supervisor. If, when the appointment is going to exceed two (2) hours, the Employee will call into Site Supervisor or designee to inform them of the delay and request approval for additional time.

SECTION 13.2 TRAVEL EXPENSES

The Company will provide advance payments for Company authorized and approved travel expenses if requested by an Employee. Any workday that includes travel and totals over twelve (12) hours may require the Employee to stay overnight, and the appropriate per diem will be paid. All hours in travel up to a maximum of eight (8) per day will be counted as work hours, with the appropriate overtime wages provided for under this Agreement. Employees will be reimbursed for all authorized expenditures of any authorized travel within twenty (20) days from the day Employer receives the properly completed travel voucher and all required receipts.

SECTION 13.3 BREAK ROOMS

The Employer will make its best effort to obtain from the U.S. Government break rooms for CSOs for breaks and lunch. The providing of these facilities is the prerogative of the U.S.· Government.

CBA- Akal Security and NO CSOs Association (2006-2009) 17

Page 18: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

SECTION 13.4 LOCKERS

The Employer will make its best effort to obtain lockers from the U.S. Government for the use of the CSOs. The Employer agrees to make its best effort to support any Association request for separate locker/changing facilities. The providing of these facilities is the prerogative of the U.S. Government.

SECTION 13.5 ASSOCIATION MEETINGS

Neither Assocjation officials nor Association members shall, during working time (excluding break and lunch periods), solicit membership, receive applications, hold meetings of any kind for the transaction of Association business, or conduct any Association activity other than the handling of grievances as described in this Agreement. No Employee may leave their post without permission from the Employer under any circumstances, unless there is appropriate Government permission granted.

ARTICLE 14

401(k) PLAN

The Company shall provide a 401 (k) plan to which Court Security Officers are eligible to contribute, whether Association or Non-Association. At the direction of the individual Employee, the Company may deposit the Health & Welfare payment to the Employee's 401(k) account. Employees shall be subject to the eligibility requirements and rules of the Plan.

ARTICLE 15

SAFETY

SECTION 15.1 SAFETY POLICY

It is the policy of the Company to make its best efforts to provide Employees with places and conditions of employment that are free from or protected against occupational safety and health hazards. Under this Agreement, all worksites and facilities are the property of the U.S. Government, who is responsible for the condition and safety of the worksite. The Company agrees to permit one (1) bargaining unit member selected by the Association to participate in any locally scheduled safety meetings.

SECTION 15.2 OSHA STANDARDS

The Company will report any safety violations observed or reported to the Company in any U.S. Government-provided CSO workstation or break room.

CBA- Akal Security and ND CSOs Association (2006-2009) fa

Page 19: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

ARTICLF: 16

CONTINUITY OF OPERATIONS

SECTION IIi.) NO STRIKF:S

A. Both the Company and the Association ab'Tcc that continuity of operalions is of utmost importance to Ihe Company's security operations. Therefore, so long as this Agreement is in cJIccl, the Association and the Company agree that there will be no strikes, lockouts, work stoppages, illegal picket lines, slowdowns. or secondary boycotts during the teml of this Agreement.

D. Upon hearing of an unauthorized strike, slowdown, stoppage of work, planned inellicicncy, or any curtailment of work or restriction or interlerence with the operation of the Employer, the Association shall take affirmative action to avert or bring such activity to prompt tennination.

SEcnON 16.2 LOCKOUTS

Dliring the life of this Agreement, the Employer shall not lockout any Employees covered in this AgrcemcnI.

ARTICLE 17

SEPARAIIlLlTY OF CONTRACT

In the event thaI any provision of this Ab'TCCment shall at any time he declared invalid by any coun of competent jurisdiction or through U.S. Government regulations or decree, such parties hereto agree to renegotiate such provision or provisions of this Agreement for the purpose of making them conform to the decree or U.S. Government statutes, so long as they shall remain leBully effective. It is the express intention of the parties hereto that all other provisions not declared invalid shall remain in full force and effcct.

ARTICLE 18

ENTIRE AGREEMENT

The parties acknowledge that during the ncgotlatlon which resulted in the Agreement. the unlimited right and opportunity to make demands and proposals with respect to any matter not rcmoved by law from the area of collective bargaining, and all understand thaI all agreement, reached by the partics arc sct forth in this Agreement Therefore, tbe Company and the Association shall not be obligated to bargain collectively on any matier pertaining to conditions of employment. including but not limited 10, rates of pay, wages, hours of work, disciplinary actions, training requirements, etc., during the tcrm of this Agreement, except as specifically provided for in other provisions of this Agreement.

C13r\~ Akal Sc<:urity and ND eso!; As.'\ociation (2006-2009) 19

.hall give me hundred existing .t is reached.

30, 2009 lind

20

Page 20: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

IN WITNESS WHEREOF, the parties have caused their representatives to sign this Agreement as full acknowledgment of their intention to be bound by the Agreement.

FOR: North Dakota Court Security Officers' Association

FOR~

BY. Sean J. eftgeUn . Labor Refatfons Manager

TfTLE: ________ _

DATE:,-----'-1~17_f__"! {}7fJ~ __ / /

CBA- Akal Securily and ND CSOs Association (2006-2009)

--._ .. __ .. __ ._------ - - -----------

21

--_._---------_._------_.

Page 21: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

Appendix A

Addendum to Collective Bargaining Agreement

Whereas, Akal Security Inc. (hereinafter referred to as "the Company") and the North Dakota Court Security Officers' Association (hereinafter referred to as "the Association") entered into an Agreement effective August 1, 2006,

Whereas, the Association has been duly designated by the Company's non-supervisory employees per Article 1. t of the Collective Bargaining Agreement

Whereas, the aforementioned Agreement provides for the Company and the Association to negotiate wages and fringe benefits for each facility covered thereby and to enter in to an Addendum setting forth those economic terms.

Now therefore, it is hereby agreed as follows:

WAGES

The Employer agrees to pay employees covered by this agreement at the following rates per hour:

Current

CSO LCSO SLCSO

Effective 1011106

CSO LCSO SLCSO

Effective 10/1/07

CSO LCSO SLCSO

Effective 1011108

CSO LCSO SLCSO

$17.50/hour $19.25/hour $19.75/hour

$18.38/hour $20.13/hour $20.63/hour

$19.29/hour $21.04/hour $21.54/hour

$20.26/hour $22.01/hour $22.51/hour

Appendix A - Akal & ND CSO Assoc (2006 - 2009)

Page 22: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

HEALTH & WELFARE

The Employer agrees to pay employees covered by this agreement the following H&W per hour:

Current

All Employees $2.87/regular hour paid up to 40 per week, mandatorily contributed to 401k plan.

Effective 1 0/1 106

All Employees $3.10/regular hour paid up to 40 per week

Effective 10/1/07

All Employees $ */regular hour paid up to 40 per week

Effective 10/1/08

All Employees $ */regular hour paid up to 40 per week

*The parties agree that either party may reopen negotiations fOT amendments to Appendix "A" Health and Welfare allowance at any time between May 1 and before June I, for all years governed by this contract, by giving written notice to the other party. All provisions of this Agreement, including, but not limited to, Article 16, shall remain in force during the terms of the negotiations, and for the remainder ofthe terms of this Agreement.

UNIFORM ALLOWANCE

CURRENT AND CONTINUING

All Employees: $O.08375/regular hour worked up to 40 per week

VACATION

The Employer agrees to pay employees covered by this agreement at the following Vacation allowances per year as stated in Article 8:

CURRENT:

Upon completion of I year of service: Upon completion of 5 years of service: Upon completion of 15 years of service":

Effective 10/1/2006

Upon completion of 1 year of service: Upon completion of 5 years of service: Upon completion of 10 years of service:

Appendix A - Akal & ND CSO Assoc (2006 - 2009)

80 hours 120 hours 160 hours

80 hours 120 hours 160 hours

2

Page 23: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

Effective 10/1/2007 and continuing thereafter:

Upon completion of 1 year of service: Upon completion of 5 years of service: Upon completion of 10 years of service: Upon completion of 15 years of service:

80 hours 120 hours 160 hours 200 hours

HOLIDAYS See Article 7 for Holiday Provisions.

CURRENT

New Year's Day Martin Luther King Jr.'s Birthday Washington's Birthday (President's Day) Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day

Effective 10/1/2006

New Year's Day Martin Luther King Jr.'s Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day Employee's Birthday (To be taken in the employee's birthday month. If the employee is unable to take the birthday holiday in the employee's birth month, it will be cashed out.)

Effective lOIl/2007

New Year's Day Martin Luther King Jr. 's Birthday President's Day Memorial Day Independence Day Labor Day

Appendix A - Akal & ND CSO Assoc (2006 - 2009) 3

Page 24: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

Columbus Day Veteran's Day Thanksgiving Day Christmas Day Employee's Birthday (to be taken in the employee's birthday month)

BEREAVEMENT LEA VE

CURRENT:

No benefit.

Effective 10/1/06:

A. If it is necessary for an Employee to lose time from work because of a death in the immediate family, whether the family member lives in or out of their local state, the Employee shall be entitled to 3 paid days leave per occurrence, up to three occurrences per year, at their straight-time rate of pay. Immediate family is defined to mean an Employee's spouse, father, mother, brother, sister, children (including legally adopted children andlor stepchildren), father-in-law, mother-in-law, grandparents, grandchildren, sister-in-law, brother-in-law, daughter-in-law and son-in-law, aunt or uncle.

B. The Employer may require proof of the death for which an Employee requests a paid leave.

JURy DUTY

The Company will comply with all State and Federal regulations regarding Employees' service for jury duty.

PERSONAL I SICK LEAVE

CURRENT

Full-time CSOs receive 3 personal leave days per year. Share-time CSOs receive 1 Yz personal leave days per year. If a share-time employee's hours exceed 1800 during the year, the employee receives 3 personal days for that year (paid in cash, not days).

Appendix A - Akal & ND CSO Assoc (2006 - 2009) 4

Page 25: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

Effective 1011 /2006

PERSONAL / SICK LEAVE TABLE

RATE OF PERSONAL/SICK LEAVE

ELIGIBLE START DATE TO USE

Date Employee begins working SHARED POSITION on the contract, based on an FULL-TIME

October 1 contract start date. October 1 - 31 32.00 16.00 November 1 - 30 29.33 14.67

December 1 -31 26.67 13.33

January 1 - 31 24.00 12.00 February 1 - 29 21.33 10.67 March 1- 31 18.67 9.33 ._-April1 - 30 16.00 8.00 May I - 31 13.33 6.67 June I - 30 10.67 5.33 -July I - 3 I 8.00 4.00 August 1 - 31 5.33 2.67 September 1 - 30 2.67 1.33

A. Each full-time Employee shall be eligible to use a maximum of 4 days personal leave at the beginning of each 12-month Government contract year worked. Employees who begin employment after the inception of the contract year will be eligible to use a prorated amount of personal leave, based on the above Personal/Sick Leave Table.

B. Personal leave may be taken in not less than 4-hour increments and shall be paid when taken by the Employee as approved in advance by the Site Supervisor or District Supervisor.

C. Shared position Employees will receive one-half the full time personal leave per full contract year worked. At the end of the contract year, any shared position Employee who was paid more than half the full-time hours (1040 hours) will receive additional prorated personal leave based on the number of hours the Employee was paid during that contract year.

D. Unused personal days shall not be cumulative from year to year. Any unused, earned personal leave will be paid to the Employee at the end of the contract year.

E. Upon termination of employment, Employee will be paid at their individual hourly rate for any unused, earned personal leave, based upon the number of hours the Employee was paid during that contract year. If the Employee has used more personal leave than

Appendix A - Akal & ND CSO Assoc (2006 - 2009) 5

Page 26: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

he/she earned based upon time paid on the contract, the amount of the overage will be deducted from the Employee's final paycheck.

F. Personal leave (and vacation) days may be used to cover absences caused by illness. Any Employee who is unable to report to work because of sickness must notify the Employer at least two (2) hours prior to the beginning of hislher shift in order to be eligible for paid personal leave benefits. Proof of illness may be required. Disciplinary action may result from excessive, unapproved absenteeism.

Effective 10/1/2007

PERSONAL I SICK LEAVE TABLE

RATE OF PERSONAL/SICK LEAVE

ELIGIBLE START DATE TO USE

Date Employee begins working on the contract, based on an FULL-TIME SHARED POSITION

October 1 contract start date. October 1 - 31 40.00 20.00

November 1 - 30 36.67 18.33 December 1 -31 33.33 16.67 January 1 - 31 30.00 15.00 February 1 - 29 26.67 13.33

March 1 - 31 23.33 11.67 Aprill -30 20.00 10.00 May 1-31 16.67 8.33 June 1-30 13.33 6.67 July 1-31 10.00 5.00 August 1 - 31 6.67 3.33 September 1 - 30 3.33 1.67

A. Each full-time Employee shall be eligible to use a maximum of 5 days personal leave at the beginning of each 12-month Government contract year worked. Employees who begin employment after the inception of the contract year win be eligible to use a prorated amount of personal leave, based on the above Personal/Sick Leave Table.

B. Personal leave may be taken in not less than 4-hour increments and shall be paid when taken by the Employee as approved in advance by the Site Supervisor or District Supervisor.

C. Shared position Employees will receive one-half the full time personal leave per full contract year worked. At the end of the contract year, any shared position Employee who was paid more than half the full-time hours (1040 hours) Will receive additional

Appendix A - Akal & ND CSO Assoc (2006 - 2009) .6

Page 27: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

prorated personal leave based on the number of hours the Employee was paid during that contract year.

D. Unused personal days shall not be cumulative from year to year. Any unused, earned personal leave will be paid to the Employee at the end of the contract year.

E. Upon tennination of employment, Employee will be paid at their individual hourly rate for any unused, earned personal leave, based upon the number of hours the Employee was paid during that contract year. If the Employee has used more personal leave than he/she earned based upon time paid on the contract, the amount of the overage will be deducted from the Employee's final paycheck.

F. Personal leave (and vacation) days may be used to cover absences caused by illness. Any Employee who is unable to report to work because of sickness must notify the Employer at least two (2) hours prior to the beginning of hislher shift in order to be eligible for paid personal leave benefits. Proof of illness may be required. Disciplinary action may result from excessive, unapproved absenteeism.

Effective 10/1/2008

PERSONAL I SICK LEAVE TABLE

RATE OF PERSONAL/SICK LEAVE

ELIGIBLE START DATE TO USE

Date Employee begins working on the contract, based on an FULL-TIME SHARED POSITION October 1 contract start date. October 1 - 31 48.00 24.00 November 1 - 30 44.00 22.00 December 1 -31 40.00 20.00 January 1 - 31 36.00 18.00 February 1 - 29 32.00 16.00 March 1 - 31 28.00 14.00 ARrill - 30 24.00 12.00 May 1-31 20.00 10.00 June 1- 30 16.00 8.00 July 1 - 31 12.00 6.00 August 1- 31 8.00 4.00 September I - 30 4.00 2.00

A. Each full-time Employee shall be eligible to use a maximum of 6 days personal leave at the beginning of each 12-month Government contract year worked. Employees who begin employment after the inception of the contract year will be eligible to use a prorated amount of personal leave, based on the above Personal/Sick Leave Table.

Appendix A - Akal & ND CSO Assoc (2006 - 2009) 7

Page 28: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

Dated:

B. Personal leave may be taken in not less than 4-hour increments and shall be paid when taken by the Employee as approved in advance by the Site Supervisor or District Supervisor.

C. Shared position Employees will receive one-half the full time personal leave per full contract year worked. At the end of the contract year, any shared position Employee who was paid more than half the full-time hours (1040 hours) will receive additional prorated personal leave based on the number of hours the Employee was paid during that contract year.

D. Unused personal days shall not be cumulative from year to year. Any unused, earned personal leave will be paid to the Employee at the end of the contract year.

E. Upon termination of employment, Employee will be paid at their individual hourly rate for any unused, earned personal leave, based upon the number of hours the Employee was paid during that contract year. If the Employee has used more personal leave than he/she earned based upon time paid on the contract, the amount of the overage will be deducted from the Employee's final paycheck.

F. Personal leave (and vacation) days may be used to cover absences caused by illness. Any Employee who is unable to report to work because of sickness must notify the Employer at least two (2) hours prior to the beginning of hislher shift in order to be eligible for paid personal leave benefits. Proof of illness may be required. Disciplinary action may result from excessive, unapproved absenteeism.

--__ ~~~~--L-----__ --------

Aka} Security Inc.

By: ~ Title: Labor Relations Manager

Dated: i{7/6y I I

Appendix A - Akal & ND CSO Assoc (2006 - 2009)

Page 29: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

JUN 22 2007 15:31 FR USM BISMARCK 701 530 2462 TO 919543375747

LEITER OF UNDERSTANDING

IT ]S AGREED between Akal Security, Inc. and North Dakota Court Security Officers Association (I"argo, Minot, Bismark, Grand Folks) agrees fuat:

HEALTH & WELFARE The Health and W clfare rate effective 1 O/l/20W through 9/3012008 is $3.25 per hour paid, up to 40 hours per week. This includes all paid leave, but not leave that is cashed out.

North Dakota Court Security Officers Association (Fargo, MinO~Bism k, Grand Folks)

l~}v{-' __ ~~

&/~ .. H.~~~ Name

~~::.g.~ .. i::J~ J! Title

te/d2r /0-7 Date

-~~ """--"'-'-ji-="'--+--_ ..... _--

P.01/01

** TOTAL PAGE.01 **

Page 30: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

07/15/2868 21:42 3636173800 LARRV HO~ENICK PAGE 02/62 JUL 17 2B09 1~:51 FR USM BISMARCK

~/J.~"tYJ~ ~~.~~ ~~~Q.I~O~~ 701 580 2482 TO 913939178880 p.al/~l

,""""",T ~, ..... "" l""~ t11(Ol

L~'TI'EROr UNDERSTANDING

IT 18 AOREED between Akftt S~ty, me. and the North Dakota Coun Security Officers As$«:1ation that

The HWth &. We~ ~ eff'ective lOJ()l1lOOS tbrcmjb. ~JSIlI2009 is 13.40 pet hour paid up to 40 hours "pt\t" MeL This incbdes aU paid leave tlLken·bu.t l10t I.~ "that ts cashed out.

Nort"lt J)a}wta Court ~tlrlty OfflCtn Msocl~t.WllI

~~ ~ hi .d<dkaE/f!4

Title

r&pe.

N.IUXl,e U

rille

1'13Dlvr ~-+--' . Date I !

** TOTAL PAGE.OJ **

Page 31: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT HETWEEN

AKAL SECURITY, INC. AND

NORTH DAKOTA COURT SECURITY OFFICERS ASSOCIATION

This amendment to the Collective Bargaining Agreement (CBA) between Aka! Security, Inc. (Company) and the Nonh Dakota Coun Security Officers Association (Union) is entered into this I 1 'h Day of June 2009. as an amendment to the CBA in effect from October l. 2006 to September 30, 2009.

This agreement shall be ellective from October I, 2009 through September 30,2012 and supercedes any and all prior agreements or understandings between tbe parties.

Appendix A

Whereas, Akal Security. Inc. (hereinafter rcferred \0 as "the Company") and the North Dakota Court Security Officer Associ"tioll (hereinatier relerred to a. "the Association") entered into an Agreement effective October 1,2009,

\Vhcreas, the Association has been duly de~igna(ed hy the Company's non-supervisory employees per Article 1.1 or the Collectiye Bargaining Agreement,

\Vhcrclls, the afilrementioned Agreement provides for the Compaoy and the Association to negotiate wages and fringe benefits for each facility covered (hereby and to enter into an Addendum sening forth those economic terms.

Now Ilterefore, it is hereby agreed as follows:

CALL IN PAY

An employee called into work will be guarru\leed a minimum of four (4) hours of work, (lr jf four (4) hOllrs of work is not available, will be paid for a minimum offour (4) hours tilne.

Page I of 3

I

Page 32: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

WAGES

'lllC Employer agrees to pay employees covered by this agreement at the following rates per hour:

eso LCSO SLCSO

$20.26Ihour $22.01Ihour S23.01/hour

Effective I 011 ~Q2

csa LCSO SLCSO

$20.87,11Our $22.67Ihour S24.001hour

Effective IOIlIlO

eso LCSO SLCSO

521 .SO/hour $23.35Ihour $24.72l'hour

EITeclive 10/111 I

CSO LCSO SLCSO

522. I S/hour $24.05/hour S25.46/hollr

HEALTH AND WELFARE

The employer agrees to pay employees covered by Ihis ugrcemellllhc fol"m~ng H& W per hour:

All Employees S3.40/rcgular hour paid up to 40 hours per week

Effective IQlI/U9

All Employees $3.52/rcgular hour paid lip 1<) 40 hours per week

Page 2 00

I

Page 33: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

JUN 1\3 ZB0S 16:19 FR USN BISMARCK 701 53~ 2452 TO 9130351738B0 P.BI,Ol U't-:.KV h~!.\"1<. .... ~ U31 Cl3 OO/.UU.tt:J:::l:J La::..:) .:t:I.:fOi '.:U1ttc:

Effectiv~ 10llliQ

All Elllployees S '/regular hour paid up to 40 hours per week

Effe¢tiye 10111]!

All Employees S ~/r.g\llar hour pllid up to 40 hours p~r we<:).:

The parties agree that cithet party mllY reo~n negotiations for :unendments to A.pp.mdix "A" Health and Welfare allowance any time between May I and before June 1 for years 20] 0 and 20} I governed by this contract by giviug ~vri1ten notic.: to the other party.

UNll'ORM ALLOWA."iCE

;4... CURRENT AND CONTlNUjNG I

All £!llploy~es: SO.11 (regular hour worked up to 40 per week.

HOliDAYS

In Appendi .. A Holidays, the paxenthetical following ~Employee'3 Birthday" is replaced with the following: (may be taken auring any month oftne y=).

All other provisions, ter:ns and conditions of the Agreem.ent, as previoU!ily amended alld except lIS provided hettin, shall cOl)tinue in iull force and effect until September 30, 2012.

Page jon

*'* 10"TAL PAGE.01 :~*

I

Page 34: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

7al SOB 2462 TO 91033617380e

AMENDMENTTOCOLLE~BARC~GAGREEMENT BETWEE..~

AJ{AL SECURITY, INC. AND

NORTH DAKOTA COURT SEcuroTY OmCERS ASSOCIATION

Thi$ amendment to the CoUective Bargaining Agreement (CBA) between Aka! Security, Inc. (Company) and the North Dakota Security OffiCC1'$ AsSOCiation (Union) is entCIed into UIis 23rd day of July 20] 0, as an llIDClldmcnuo the eBA in effect !rom October I, 2006 to Septc:»ber 30, 2009.

Thi" agreement shall be effective from October I, 2009 through September 30, 2012 and SUp~C4 any and IIIl prior ~ents or understlllldill3 between the parties.

AppmdnA

Whereas, Aka! Security. Inc. (heteinafter referred to as "the Company') and the North Dakota coUrt Security Officer Association (hereinafter referred to as "the Associatinn'1 entered into an agreementeffeetive Ottober 1, 2009.

Wbcn:u, the Amlciatioo has been duly designated by tho Company's non-supervisory employees per Artie!e J.l of the CoUective Bargaining Agreement.

Wheress, the aforementicmed A~t provides far the Company and !he Assoc.ia6Qll to &egoliare wages and frio...oze benefits We each facility covC!red thereby aud to tll.f#l' ioto an Addendum settins forth those economic !Ilmls.

Now tllerd'ort!, it is hereby agreed as follows:

HEALTH /I.ND WELFARE

QurrsJtlY.i

All employees; S3.521reguhu hour paid up 10 40 houn; per week

Effective 10llflO:

AU Employees S3.62tregular hour paid up to 40 hours per v.-eek

Effective 10/1111 i

S·/regular boll:' paid up t() 40 bours per week

Page 1 ofl

Page 35: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

T':l=- p~:!;(:$ .1gre¢ !bat eHb!r ~.s.:1y m2y T;t;)p-cn :1~£~.da!io:1s fo:- amefid.m~H.s :0 :l.;Jp!!l:C!X ./:.. .. }-!!-;'nl!;: ;~r.:d \Ve!t-J.'Tr"; ;liJow:a::ce ~~J tirr;e bf!twe~n ~"f:1Y 1 ~r:c ~fo:e JLtir~ J fo:" y~~r :;O:! gvv~:rn-:.;.: by th:s ~0:!:.r:lt.! by :;i\:'~n~ writr~n not:.:::; ~:..~ !hr'. 0i;-:e.r p.~r:y.

1.-.;9 t./ fi~/{ ,1../ ~:; (}i./U! ":.;.L'/ -_._-----. _._--_ .. __ .. __ ._-;·-:a .. -::>'! /) ,

__ -.1~~~~,L'.L-~~_~(-L~_~-~~ __ . __ _ Tit1~

Page 36: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT BETWEEN

AKAL SECURITY, INC. AND

NORTH DAKOTA COURT SECURITY OFFICERS ASSOCIATION

This amendment to the Collective Bargaining Agreement (CBA) between Aka! Security, Inc. (Com~y) and the North Dakota Security Officers Association (Union) is entered into this 29th day of June, 2011, as an amendment to the CBA in effect from October 1, 2006 to September 30, 2009.

This agreement shall be effective from October, 2011 through September 30, 2012 and supersedes any and all prior agreements or understanding between the parties.

Appendix A

Whereas: AkaJ Security. Inc. (hereinafter referred to as "the Company") and the North Dakota Court Security Officer Association (hereinafter referred to as "the Association") entered into an agreement effective October 1,2009.

Whereas: the Association has been duly designated by the Company's non-supervisory employees per Article 1: 1 of the Collective Bargaining Agreement

Whereas: the aforementioned Agreement provides for the Company and the Association to negotiate wages and fringe benefits for each facility covered thereby and to enter into an Addendum setting forth those economic tenDS.

Now therefore, it is hereby agreed as follows:

HEALTH AND WELFARE

Currently: All Employees: $3.621reguJar hour paid up to 40 hours per week.

Effective I 0/l/11 : All Employees: $3.721reguJar hour paid up to 40 hours per week.

Page 1 of2

Page 37: Between AKAL SECURITY, INCORPORATED and the ......Government, or revocation of required CSO credentials by the USMS under the removal of Contractor employee provision in Section H-3

iAulf.A /-1. S~ Name

Title

Page 2 on